National Assembly Speaker Moses Wetang’ula has directed the Justice and Legal Affairs Committee (JLAC) to proceed without delay in vetting the Independent and Electoral and Boundaries Commission (IEBC) nominees, including those nominated for Chairperson and Commissioner positions.
The speakers’ directive follows the Thursday Ruling of the High Court where it issued conservatory orders barring the swearing in of the IEBC commissioners.
Delivering the ruling Justice Lawrence Mugambi stated that, while acknowledging the doctrine of separation of powers, he has allowed Parliament to proceed with the vetting of the seven nominees for the positions of chairperson and commissioners.
He said they shall not be sworn in until the petition challenging the nomination process is determined.
However , Wetangula defended Parliament’s constitutional authority, pushing back against the court interventions and reaffirming the independence of the legislature in executing its mandate.
In as address to the house, Wetang’ula said that no individual or institution including the courts has the legal or constitutional power to bar Parliament from performing its duties. His remarks followed concerns over a High Court order that allowed the vetting of IEBC nominees but temporarily halted their appointment and swearing-in.
“Any party aggrieved by the process be it in the Judiciary, Executive, or the public is free to seek redress after Parliament has completed its work. That is the lawful, constitutional, and proper course of action,” Wetangula Stated
Wetangula emphasized that Parliament is a constitutionally established institution with full authority to carry out its duties. Once a matter is before Parliament whether in committee or plenary the proceedings hold equal legal weight, he said.
The Speaker further revealed that he had formally requested Chief Justice Martha Koome to convene a dialogue forum between the Judiciary and Parliament, including himself, to foster constructive engagement and avoid public friction between arms of government.
“We must acknowledge that we need one another in service to the Republic,” Wetang’ula stated, while cautioning against what he termed as “institutional overreach.”
Earlier this month, President Ruto nominated Erastus Edung Ethekon as the next IEBC chairperson. He also named Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla as commissioners.
However, activists Boniface Mwangi and Kelvin Roy Omondi, challenged the legality of the selection process in court.
